Employee and Employer Contribution Types
This plan very likely includes:
- Employee contributions — 100% vested at the time of deposit
- Employer contributions (match and discretionary) — Typically subject to a vesting schedule
If a portion of the employer contributions are unvested at the time of divorce, those unvested funds are not typically subject to division unless otherwise negotiated and clearly stated in the QDRO. Failing to consider vesting schedules can lead to alternates being awarded funds they will never receive.

